Loading...
HomeMy WebLinkAbout06-18-1985 Council Minutes 252 A regular meeting of the Canton City Council was held on June 18th 1985 in Council Chambers, PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY MAYOR DONALD E. EDWARDS. Mayor Edwards asked for roll call at 6:30 p.m. Present: Aldermen Kovachevich, Zilly, Falcone, Sarff, Workman, Bohler, May, Chapman. Absent: None. MINUTES OF JUNE 4TH MEETING. Corrections to be made on page 244... the last motion on the page shou. rea that the city pledge $3,655. a ear for 3 years to the Economic Development Corporation. On page ~Pschirrer Asphalt bid for oil and chip should read $17,213.65. On page 248...the resolution providing for the city engineer and ~raftsman salary being paid from the Water & Sewer fund should have Alderman Ma votin na . Motion by Alderman Sar , secon y A erman May, the minutes of June 4th be a~cepted and placed on file as corrected. Voice vote, motion carried. BILLS FOR MAY. Motion by Alderman Kovachevich, secon~ by Alderman Falcone, all bills properly approved be paid. Roll call. AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Falcone, Zilly, Kovachevich. NAYS - none. Motian carried. 8 AYES 0 NAYS 0 ABSENT. COMMUNICATIONS FROM DAVE DORGAN - BUDGET ADMINISTR.ATOR AND COr2MUNITY DEVELOPMENT DIRECTOR. Dave said he had attended a conference in Itaska, Illinois on the Enterprise Zone. The conference was very good and played into a nvmber of ~Chings were usin~ here in Cantor~; and one of those was marketing. They put a strong emphasis on marketing your Enterprise Zone because there is alot of attention right now in the business community on what is happeriing in Enterprise Zone's. A Loan Committte meeting was prior to the council meeting and they did recommend conditionally to the council the approval of a $99,999. loan to the Fultott County Pelletizin~ Company. There was a vote of 2 nays and 4 ayes. That resolu~ion will be coming as soon as its prepared by the city attorney. COMMUNICATIONS FROM CLTFF SAGASER - CZTY EIVGINEER. Cl~ff said that council had to make a decision whether to continue with the program on the street lights, Mayor Edwards said we need to make a policy decision on whether ta continue with the stre~t lighting program on taking street ligh~s ou~ or stopping the program where it is now. Motion by Alderman Sarff, second by Alderman Kovachevich, tha~ the program we initiated ~o disconnect some street lights and change others, be suspended where it is now. Discussion. Alderman Falcone wanted to know the reasoning behind the motion. Alderman Sarff s~ated that the reason being when cve originally put this on, the savings was approximately $10,000. And we got part way thru it, it was basically the street li~hts on the major thoroughfares being disconnected, The entire residential areas haven,'t been as heavily hit as the major thoroughfares. Those people who gave the public outcry at that time sent the message to me anyway, that they understood we were trying to save money, but they wanted us to save money in other ways. I ha~e to stop a project in the middle. Alderman Zilly said the people feel this is an open invi~ation for crime. And at a time when the community is tryittg to move forward, ` and if we start removing the s~reet lights its astep in the wrong direction. 5 CONTTNUED JUNE. ~,8t.h,, ~9~35 Alderman Kovacheva.ch said the constituents Z've hea~rd ~ram sa,y.,. are your going to light up th.e daamtown, and mak~ the residential area darker? He feels we should leave ~t thE way it is. Alderman Falcone said the input that ~rre've had ~~c~m the ~ta~~ would indicate there was a policy set as to how many lights thexe should be per street. And ~ram the old cvuncil ~hey ~felt that the policy was justi~ied. Attd your goi,ng to s~Ci.ck to poli.cy, then s~ick to it. I'm not saying we shouldn't answer publa~c outcry. Alderman Workman said the city council adopted ~he policy and because we've gotten a little flack were dropping ou~, ~~or one vote for continuing the 's~reet light p~ogram. Roll call. AYES - Aldermen Kovachevich, Zilly, Sarff, Boh..ler, May. NAYS - Aldermen Falcone, Workman, Chapman. Motion carried. 5 AYES 3 NAYS 0 ABSE'NT. The sewer department has being doing all of the mowing for the street ~ department. Both of the employees who run the large tractor are on ~ vacation at this time, and they do not have ~ime to continue this (v project. The water ~epartment mowed the Banner area today. W Certain manholes are being adjusted and raised,f.or the pren~ration : m of the sand seal overlay on the MFT work. Q Cliff introduced Chuck Ritchie and Cliff Baxter, both of th_ese gentlemen are engineers with Crawford, Murphy & Tilly. We've asked them to be here this evening. Cliff Baxter spoke to coun,cil about a number of certifications for the resolutions that need to be signed in conjuction with the proposed engineering agreemen~. The Illinois EPA's representative Ms, Wilstead~ has approved ~he engineering agreement for the agency, subject to some reference in federal regulations she wan~Ced to see changed. You need ~o have these resalutions and agreemen~s passed by July lst so your grant money is not jeopardized. Mayor Edwards told the representatives ~rom Craw~ord, Murphy & Tilly that we want to keep every dollar in Canton that we can keep h~re, and for the Canton people. Cliff Sagaser City Engineer said we have people in the community who are qualified to do some of this work and raould like for you to allow us to utilize these people, Cliff said he would 1'ike to have the agreement fl~xible enou~h so that prior to signing the agreement most of this wor~; could be done by the people that are now working in the City of Canton. In my opinion T feel tha~ you may very well have people on your payroll ~hat now could come and do resident engineering work. We have people in the commu~n.ity lets say that are as qualified to do this. And I would like to see an allowance for us to do this, utilize those people if we could, rather then importing then from Springfield for the general inspect~on task. The local consulting firm we would like to see that firm do as much work as possible. And I'm suggesting to you ~hat they be employed by you to do all the field work, they have a very responsible crew. I don't have to be involved myself in any kind of resident engineering or inspection atmosphere personally, because I'm going to be sitting on top of the man you put in charge of the project. I do have other people on my staff who are very capable of perhaps doing one of those inspection jobs on the sewer project. Chuck Ritchie said that anybody doing the work would need to be qualified, it would no~ be cost saving if they were not. As £ar as reimbursement on put~ing a ci~y employee on our payroll, as far as EPA reimbursement is concern, it mi~;ht be difficul~. We would be happy to consider these things and work wi~h the council and try to pt~rsue your wishe~. Any funding from Illinois EPA would have to be approved, monitored and eventually audited. ~54 CONTINUED JUNE 18th, 1985 Alderman Zilly asked who would be determining whether our local people would be qualified? Cliff Sagaser City Engineer said he would have the say, but that would be a combination of myself representing the council, Crawford, Murphy & Tilly and the I1. EPA. Alderman Falcone said he feels that the complexity of the _ situation may not allow us to ramrod this thru. I would personally rather have a committee of the whole next Tuesday. Mayor Edwards said it would mean a meeting of the council as it would take council action , and he does not want to spend any more money if at all possible. Aldermen Falcone said later on down the line I would certainly like to know, or be able to answer the changes that we've made if their going to cause some problems for us. Alderman Sarff asked, can the contract be voted on next Tuesday with the provisions that the city attorney and city engineer go over this with Crawford, Murphy & Tilly, and make the changes that ~hey deemed necessary. Then poll ~he council, and if ~he council is not in favor of it, call a special council meeting, Mayor Edwards said we can poll them, bu~ I don't be~ieve we can vote by nhone, Alderman Workman said as far as all this engineering service is concern, we have never dealt with as individual aldermen, we leave them upto our engineer, Motion by Alderman May, second by Alderman Workman, that the mayor be authorized to sign tihe agreement after the city attorney and city engineer agree to it. Discussion. Alderman Sarff said he doesn't have any problem with the motion, and understands the reasoning and agrees with it, but his only concern is the lost of input should he not agree with the local participation. Alderman Falcone said he doesn't like to vote on thin~s that he doesn't understand. As far as relying on the opinion of the city staff as Alderman Workman said, we jus~ rejected the opinion of the city staff on ano~her issue, so I think that point is mute. I want to know the input of local people, that is a high priority on my list. I want to know what the changes are before we approve this extremely expensive project with the fact that with the over seen of the EPA we can as a city council get in trouble if there's problems. Roll call. AYES - Aldermen Chapman, May, Workman. NAYS - Aldermen Bohler, Sarff, Falcone, Zilly, Kovachevich. Motion defeated. Mayor Edwards said we will negotiate the agreemen~ an~ bring it back to a special meeting. 3 AYFS 5 NAYS 0 ABSENT, Mayor Edwards said we will recess the council meeting later on and meet with Crawford, Murphy & Tilly and the city engineer. Then recomvene the council mee~ing for action on the engineering agreeme~t. Attended the meeting of the Business Community Development Co, today. And at the last meeting the commit~ee voted to approve the uptown lighting proposal. And at the same time they would like for me to ask the council to approve the removal of a telephone on the south side of the square. They feel the phone causes alot of problems with kids hanging a~ound there. Motion by Alderman Sarff, second by Alderman Zilly, the phone be al~owed to be removed, Voice vote, motion carried. COMMITTEE REPORTS: Legal & Ordinance. Council Action Motion by Alderman Bohler, second by Alderman Sarff, th.e request of the Kroger Company of a liquor license, be discussed a~ ~he nexti committee meeting. Voice vo~Ce, motion carried. Informational: Mayor Edwards said he sen~ a letter to the Fulton County Health Department (a copy of the letter was also sen~ to the owner of the Sherwood Forest Trailer Court) in trying to receive CONTINUED JUNE 18th, 1985 collections of overdue water bills of the mobile home court. No reply has been received from the Health department or the owner of the mobile home court. The letter to the health department is to let them know of the situation. Negotiations., Grievance & Personnel. Council Action None. Finance. Council Action None. Community Develpment. Council Action ~ None. ~ Informational: Alderman Zilly stated that the firs~C ad on the W Enterprise Zone has appeared in a magazine called "Site Selection m 85." Q COMMUNICATIONS FROM MAYOR EDTnTARDS. Met with Banner To`anship Road Commissioner Robert Myers. They discussed the road in Banner tha~ runs to the city's 9.9 acres that the ci~y has at the river. Due to high water there was excessive damage to the ro.ad and they received only $5,000. on a$100,000 worth of damage to that road. It's important to the city that the road be maintained. Mayor _ Edwards seid he told Mr. Myers we would contact some of our rep- resentatives and see if we could help them get some more money. A group has been formed calling themselves "Illinois Fish and Game Club" in the Banner area. Their asking that we consider allowing a state funded boat dock be put in at that area. And also, maybe we would give them an acre of ground. It would increase traffic for that area, and also help our industrial area. Mayor Edwards said they will be coming to Aldermari Chapman's committee wi~h their proposal. Cliff Sa~aser City Engineer brought up that sometime a~o he was asked ~o get ahold of the road commissioner from the Canton District. Cliff talked to him just today, and was told they have know inten- tions of doing anything to the brick road that's called midwest Maple Street, at such time ti11 the road demands it. Because the residents don't want anything done. They will remove the high side off of the shoulder, so that water runs off of i~ better. Another item Cliff brought up was that he checked out the railroad tracks that go over the sidewalks. He checked wi~h the ICC and ~heir direction was that the railroad shall replace cross walks where they existed. OLD BUSINESS: ORDINANCE - PROHIBITING PARKING ON THE NORTH SIDE OF EAST BIRCH BETWEEN THE L~TEST RIGHT-OF-WAY LINE OF NORTH FIRST AVENUE TO A POINT 135 FEET WEST OF THE EAST CURB LINE OF NORTH FOURTH AVENUE. Second reading, read by title. Motion by Alderman Sarff, second by Alderman Falcone, the ordinance be placed on iCs passage. Dis- cussion. The residen~s of that area between 1st Avenue and 5th Avenue along Birch Street have petitioned their objection to the changing of parking. Motion by Alderman Falcone, second by Alderman Sarff, the petition be placed on file, Voice vote, motion carried. 256 CONTINUED JUNE 1$th, 1985 Further discussion o~ the motion ~or passage o~ the ordinance. Alderman Sarff said the residents would rather have th.e s~ree~C as is, therefore I'll vote against the change. Alderman Falcone said the police chief had this as the least of his priorities, his recommendation was eliminating the parking on 4th Avenue and reduce the speed on 4th Ave~.ue and Birch Street, which I would recommend we still do. And I will also be voting against the next two ordinances, Roll call. AYES - None. NAYS - Aldermen Kovachevich, Zi11y, Falcone, Sarff, Workman, Boh- ler, May, Chapman. Motion defeated. 0 AYES 8 NAYS 0 ABSENT. ORDINANCE - PROVIDING FOR PARKING ON THE SOUTH SIDE OF EAST BIRCH STREET BETWEEN A POINT 80 FEET OF THE EAST CURB LINE OF NORTH FIRST AVENUE TO A 1'OINT 80 FEET WEST OF THE WEST CURB LINE, AS EXTENDED, OF NORTH FOURTH AVENUE. Second reading, read by title. Motion by Alderman Falcone, second by Alderman Sarff, ~he ordinance be placed on its passage. Discussion. Alderman Falcone stated this is the second ordinance the comanittee recommended i~ha~ it be rejected. Roll call, AYES - Aldermen Chapman, May. NAYS - Aldermen Bohler, Workman, Sarff, Falcone, Zilly, Kovachevich. Motion defeate~. 2 A~ES 6 NAYS 0 ABSENT. ORDINP,I~TCE - REDUCING SPEED LIMITS ON EAST BIRCH STREET BETWEEN THE EAST RIGHT-OF-WAY LINE OF NORTH MATN STREET TO A POINT 500 FEET EAST OF THE EAST RIGHT-OF-WAY LINE OF NORTH FIFTH AVENUE. Second reading, read by ~itle. Motion by Alderman Sarff, second by Alder- men Zil.ly, the ordinance be placed on its passage. Discussion. Alderman Falcone said as part of the police chief's recommendation, as he did recommend we reduce the speed limi~ on Birch, ancl in order to go along, I recommend passage of the ordinance. Roll call. ' AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, ~lorkman, Bohler, May, Chapman. NAYS - None. Motion carried. 8 AYES 0 NAYS 0 ABSENT. Ordinance being ~k1070. ORDINANCE - AMENDING ORDINANCE NUMBER 333, BEING "THE COMMUNITY TELEVISION FRANCHISE." Second reading, read by title. Motion by Alderman Falcone, second by Alderman Bohler, the ordinance be placed on its passage. Discussion. L~ou~ Wells Manager Canton office made a presentation. He said the company has no reservations about section 4 and 5. Section 1 mentions that the company agrees to maintain a local office in the City of Canton. The company purposes that this language be deleted. Also, in Section 1 there is additional language.,.a toll free and a techMician who is in our employment and resides in the City of Canton, and a depository where customers pay their bills, This language first appeared on a handout at a meeting last week, this handout was generated as a policy issue in response ~o the implementation of these franchise changes. They were not intended to be included in the franchise. In Section 2 the language men.~ions providing a franchise fee, pre- sented at 5% to the city. Section 3 to broadcast all regular and special meetings of the com- pany's subscribers. It is the company's recommendaCion that this be deleted entirely. In incorporatin~ and mandating that we do this service were dealing with other problems. (Mike Conklin is taping segments of the council meetings). Doug said if Mr. Conklin was not able to provide the service, there would be language in this franchise that we have to broadcast these special and regular meetings of the city council. We don't know what your tal.king about? Are you asking the cable company ~o go into this production business? If you so desire I recommend that this issue be deleted from the amendment and put togather a committee to begin a dialogue of the needs, and work out the details on an informal basis. It does not need to be part of the franchise. ~57 CONTINUED JUNE 18th, 1985 Mayor Edwards said what your asking for can be worked out. You came to us, we did not seek you out, you want Co accept only your company's recommendation and no~hing we recommend. Jim Malmgren City Attorney said that Section 3, all the rights and du~ies and responsibility have to be spellec~ out in writing somewhere, either in the franchise or in a collateral agreement. If not in one of those 2 places, my response is where, and wha~ manner? The gross receipts in Section 2 is nothing more then an attempt on the city's part to take in consideration the direction in which Cable T~T seems to be headed. Which is not only that you receive a fee for the paymen~ for transmission and electrical impluses, but you presumably also receive a fee far tihe rental of equipment. The language in Section 1 is basically the language the company has committed itself to do. Once again my reaction to the added language in Secion 1 and 2 is, if its not in the franchise, or in ~ some collateral agreement, then where is it going to be, its not legally binding if its not in 1 of those 2 places. Acceptance of ~ the language or the amendatory ordinance by the corporation then makes (V this a legal and binding contract. W If there's still something in there, assuming para~raph 3 is knocked ~ out in its entirety, if there's still something there not proper, Q then I suggest they conditionally accep~ it and send back a detail list of the changes they perceive. Mayor Edwards said he Chinks we should take sectian 3 out of this amendment and move those things most adjective and put them in a resolution form and appoint a committee to work wi~h Doug to come up with an agreement, to see that these meetings are broadcast. Motion by Alderman Falcone, second by Alderman Zilly, the ordinance be amended by eliminating section 3 havin~ to do with broadcasting the special and regular council meetings. Discussion. Mayor Edwards said he would appoint a comanittee. Roll call. AYES - Aldermen Chap- man, May, Bohler, Workman, Sarff, Falcone, Zilly, Kovachevich, NAYS - none, Motion carried. 8 AYES 0 NAYS 0 ABSENT. Voting for the passage of the ordinance as amended. Roll call. AYES - Aldermen Kovachevich, Zilly, Falcone, Sarff, [aorkman, Bohler, May. NAYS - Alderman Chapman. Motion carried. 7 AYES l NAY 0 ABSENT. Ordinance being ~~1071. Mayor Edwards appointed an ad-hoc commit~ee of Aldermen Zilly, Chap- man; and Mike Conklin to work with Doug Well.s of Cable 'T~ . RESOLUTION - FRIENDSHIP FESTIVAL PAR.ADE SEPTEMBER 7TH. Second reading, read by title. Jim Malmgren City Attorney said ~he council has directed that he communicate to the festival board to see if that board would be willing to hold the city whole and harmless by reason of assumption of liabili~Cy. They have agreed to c~o that and a letter will be coming, and the mayor not to sign the resolution until such letter is received. Motion by Alderman Sarff, second by Alderman May, the resolution be adopted but not signed by the mayor un~il such letter from the festival board is received. Voice vote, motion carried. Resolvs~tion being ~~1082 , (Letter has been received and on ~ile wi~h. tli,e resolution). NEW BUSINESS: RESOLUTION - A~CERTAINING THE PREVAILTNG RATE OF WAGES FOR LABORERS, MECHANICS AND OTHER WORKMEN EMPLOYED IN ANY PUBLIC WORKS BY THE CITY OF CANTON. First reading, read by title. Motion by Alderman Falcone, second by Alderman Sarff, the resolution be adopted. Voi~e vote, motion carried. Resolution being ~~1083. ~58 CONTINUED JUNE 18th, 1985 RESOLUTION - FOR A DELETION OF A STREET LIGHT. First reading, read by title. Motion by Alderman Sarff, second by Alderman Falcone, the resolution be adopted. Voice vote, motion carried, Resolution being ~~1084. RESOLUTION - REGARDING UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION ON OR AFTER JANUARY 2, 1971. First reading, read by title. Jim Malmgren City Attorney said this is a lst of series of resolutions that we need to pass to comply with both the Federal and State EPA, whi¢h has to be done by July lst on the sewer program, Motion by Alderman Sarff, second by Alderman May, the resolutfon be adopted. Voice vote,,motion carried. Resolution being ~~1085. RESOLUTION - AUTHORIZING A REPRESENTATIVE TO SIGN GRANT DOCUMENTS. First reading, read by title. Motion by Alderman Sarff, second by Alder~man Bohler, the resolution be adopted. Voice vote, motion carried. Resolution being ~E1086. RESOLUTION - OF INTENT REGARDING NATIONAL FLOOD INSUR.ANCE. First reading, read by title. Motion by Alderman Sarff, second by Alder- man Zilly, the resolution be adopted. Voice vote, motion carried. Resolution being ~~1087. RESOLUTION - REGARDING PROJECT PERFORMANCE STANDARDS. First reading, read by title. Motion by Alderman Zilly, second by Alderman Bohler the resolution be adopted, Voice vote, motion carried. Resolution being ~~1088. RESOLUTION - APPROVING A"RAILROAD CROSSING PERMIT" BETWEEN THE CITY OF CANTON.AND CANTON TOWNSHIP RELATIVE TO THE PROPOSED WEST SIDE RELIEF SEWER, First reading, read by title. Motion by A~derman Sarff, second by Alderman May, the resolution be adopted. Roll call. AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Falcone, Zilly, Kovachevich. NAYS - none. 8 AYES 0 NAYS 0 ABSENT. Motion carried, Resolution being ~~1089. ORDINANCE - AUTHORIZING THE LEASE OF REAL PROPERTY OWIVED BY THE CITY OF CANTON, ILLINOIS WHICH PROPER~Y IS GENERALLY LOCATED IN SECTION TWENTY-FOUR (24) OF CANTON TOWNSHIP, FULTON COUNTY, ILLINOIS. First reading, read by title. Motion by Alderman May, second by Alderman Chapman, th:~~ ~~a~pension of the rules for the purpose of voting on the ordinance. Roll call. AYES -,Aldermen Zilly, Work~an, Bohler, May, Chapman, Mayor Edwards. NAYS - Aldermen Kov- achevich, Falcone, Sarff. Motion carried. Motion by Alderman May, second by Alderman Workman, the ordinanc~ be placed on its passage. Roll call. AYES - Aldermen Chapman, May, Bohler, Workman, Sarff, Falcone,Zil.ly, Kovachevich. NAYS - none, Motion carried, 8 AYES 0 NAYS 0 ABSENT. Ordinance being ~~1072 . Dave Dorgan said he was asked by the Finance Committee to check into the city's bonding counsel. He has contacted one of the two firms that we've had for bond counsel. They are exactly the same in terms of amount in what they would charge. Dave is recommending the company of Municipal Associates,. , Motion by Alderman Falcone, second by Alderman Sarff, Dave be instructed to take the steps necessary to hire the I~unicipal Associates as our bond consultants. Voice vote, motion carried. Mayor Edwards recessed the council at 8:45 p.m, to discuss with the representatives of Crawford, Murphy & Tilly the Agreement for Engineering Services. Al.derman Chapman was excused at 8:45 p.m. ~~5~ CONTINUED JUNE 18th, 1985 Council reconvened at 9:10 p,m, AGREEMENT - FOR ENGINEERING SERVICES WITH CRAWFORD, MURPHY & TILLY. First reading. Cliff Sagaser City Engineer met with the two consulting engineers from Crawford, Murphy & Till.y, Jim Malmgren - City Attorney and Mayor Edwards. Cliff said they had institued a new paragraph 7.~CITY STAFF AND LOCAL CONSULTING ENGINEERING FIRM. The ENGINEER agrees to uti ize City Engineering ta an oca consulting engineering firms for construction phase services when their staff is technically qualified and utilization of their services is cost effective. The ENGINEER will work closely with the City Engineer to determine which task will be accomplished by the City Staff and the local consulting engineer. Alderrnan Falcone asked if Cliff knew how much were talking about locally? Cliff said he would imagine that Anderson will do $30,000 of the work. It will also elimiate those cost in travel, bu~ not the total. ~ Motion by Alderman Sarff, second by Alderman Falcone, to approve ~ the agreement, and authorizing and directing the mayor and city (U clerk to execute and deliver the same. Roll call. AYES - Aldermen W Kovachevich, Zilly, Falcone, Sarff, Workman, Bohler, May. NAYS - ~ none. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Agreement being a ~~447 . EXECUTIVE SESSION - THREATENED, IMMINENT AND PENDING LITIGATION; PERSONNEL. Mayor Edwards said because of the lateness of the meeting, the executive session would not be held. ADJOURNMENT: Motion by Alderman Sarff, second by Al.derman May, to - adjourn. Voice vote, motion carried. Council adjourned at 9:21 p.m. 1- r ~ C E K APPROVED . Oli-i~- YO